Qureshi v John Fairfax Publications Pty Ltd [2012] NSWSC 1605

Supreme Court New South Wales

Medium Neutral Citation: Qureshi v John Fairfax Publications Pty Ltd [2012] NSWSC 1605 Hearing dates: 5 November - 14 November 2012 Decision date: 15 November 2012 Jurisdiction: Common Law Before: Rein J Decision: Documents tendered by the defendant to challenge evidence introduced by the plaintiff are admissible notwithstanding that they support an allegation of fraud that has not been particularised. Catchwords: EVIDENCE - admissibility and relevancy - pleadings and particulars in actions for defamation - purpose of tender to support an allegation of fraud rebutting evidence introduced by the plaintiff - defendant entitled to seek to undermine plaintiff's evidence without providing particulars in advance Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Browne v Dunn (1893) 6 R 67 Piddington v Bennett & Wood Pty Ltd (1940) 63 CLR 533 Tabe v Amalgamated Television Services Pty Ltd (Supreme Court of New South Wales, Hunt J, 27 March 1987, unreported, BC8701474) Tabe v Amalgamated Television Services Pty Ltd (1987) A Def R 50-025; BC8700881 TCN Channel Nine Pty Ltd v Antoniadis (1998) 44 NSWLR 682 Category: Procedural and other rulings Parties: Zia Qadir Qureshi (Plaintiff) John Fairfax Publications Pty Ltd (Defendant) Representation: Counsel: B R McClintock SC; G R Rubagotti (Plaintiff) A Leopold SC; A T S Dawson; W Potter (Defendant) Solicitors: Landerer & Company (Plaintiff) Banki Haddock Fiora (Defendant) File Number(s): SC 2006/266893